Matney v. Graham
Supreme Court of Missouri
Appeal from, Buchpnan Circuit, Court. I. The doctrine that neither party in an ejectment need go back of a common source of title on which both rely, has no application where, as in case at bar, defendant relies simply on his adverse possession. (Macklot vs. Dubreuil, 9 Mo., 477 ; Page vs. Hill, 11 Mo., 150.) II. And plaintiff cannot defeat such possession by purchasing a subordinate title.
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Appeal from, Buchpnan Circuit, Court. I. The doctrine that neither party in an ejectment need go back of a common source of title on which both rely, has no application where, as in case at bar, defendant relies simply on his adverse possession. (Macklot vs. Dubreuil, 9 Mo., 477 ; Page vs. Hill, 11 Mo., 150.) II. And plaintiff cannot defeat such possession by purchasing a subordinate title. But defendant being in possession may buy in any title in order to strengthen such possession, and will not be put in a worse position because his title proves subordinate and worthless. In this case the…
1Opinion of the CourtNapton, Judge
This was an action of ejectment. The plaintiff claimed title from one Hays and attempted to trace title from Hays back to the United States;, but in the opinion of the court that tried the case he failed in showing title in Hays. Tin’s chain of title is not preserved in the record and no question arises on it, and this court can, of course, give no opinion concerning it.
The plaintiff established a possession in Hays in the year 1866, which, however, was abandoned before the plaintiff purchased under execution and received a sheriff’s deed in 1869. This execution was on a judgment against Hays…
2Cases cited4 opinions
- Smith ex dem. Teller v. LorillardNew York Supreme Court · 1813
- Brown v. BrownSupreme Court of Missouri · 1870
- Fellows v. WiseSupreme Court of Missouri · 1872
- Union Bank v. ManardSupreme Court of Missouri · 1873
3Cited by5 opinions
- Johnson v. McAboySupreme Court of Missouri · 1943
- Chieppo v. ChieppoSupreme Court of Connecticut · 1914
- Littlefield v. RamseySupreme Court of Missouri · 1904
- Quirk v. SandersMissouri Court of Appeals · 1984
- Hunt v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881